47-834. Prohibition against
practice without license; criminal penalties; remedies of board. (a)
Unlawful practice of veterinary medicine is the practice of veterinary medicine
by a person without a license unless that person is exempt from such requirement
pursuant to the provisions of K.S.A. 47-817 and amendments thereto.
(b) Unlawful operation or management
of veterinary premises is the operation or management by a person of a veterinary
premises that is not registered pursuant to the provisions of K.S.A. 47-840,
and amendments thereto.
(c) (1) Unlawful practice of veterinary
medicine is a class B nonperson misdemeanor.
(2) Unlawful operation or management
of veterinary premises is a class B nonperson misdemeanor.
(3) Each act that violates the
provisions of subsection (a) or (b) constitutes a distinct and separate offense.
(d) The board may order the remedying
of any violations of any provision of this act or any rules and regulations
of the board. The board may issue a cease and desist order upon board determination
that a licensee, registrant or any veterinarian has violated any provision
of this act, an order of the board or any rules and regulations of the board.
(e) If the board determines that
a person is practicing veterinary medicine without a license on a companion
animal or is operating or managing a veterinary premises that is not registered
pursuant to K.S.A. 47-480, and amendments thereto, in addition to any other
penalties imposed by law, the board may take any or all of the following
actions:
(1) Issue a cease and desist order;
(2) issue a citation and fine
in accordance with the procedures in K.S.A. 47-843 and 47-844, and amendments
thereto; and
(3) bring an injunction action
in its own name in a court of competent jurisdiction.
(f) For purposes of investigations
and proceedings conducted by the board, the board may issue subpoenas compelling
the attendance and testimony of any person or the production for examination
or copying of documents or any other physical evidence according to the procedures
in subsection (a)(19) of K.S.A. 47-821, and amendments thereto, if such evidence
relates to practicing veterinary medicine without a license on a companion
animal or operating or managing a veterinary premises that is not registered
pursuant to K.S.A. 47-840, and amendments thereto.
(g) The successful maintenance
of an action based on any one of the remedies set forth in this section shall
in no way prejudice the prosecution of an action based on any other of the
remedies.
History: L. 1969, ch. 261, §
21; L. 1980, ch. 155, § 16; L. 1993, ch. 129, § 15; L. 1999, ch.
25, § 11; L. 2006, ch. 112, § 4; July 1.